TERMS OF USE AND END USER LICENSE AGREEMENT FOR WISHBONE TOOLBAR SOFTWARE ("TOOLBAR SERVICE")
PLEASE READ THE FOLLOWING AGREEMENT AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THIS SOFTWARE. IF YOU DOWNLOAD AND USE THIS SOFTWARE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY.
Acceptance Of Terms THIS AGREEMENT GOVERNS YOUR USE OF WISHBONE'S SOFTWARE. Wishbone Media, Inc. ("Wishbone") offers free downloadable software ("Wishbone Toolbar" or "Toolbar Service") that allows users to stop pop-up advertising while enhancing users' search capabilities. Wishbone's software, the information provided by Wishbone through its own website and from third parties, and any other Wishbone product or service is referred to collectively as the "Service". BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE WISHBONE'S SERVICE.
Changes To This Agreement Wishbone may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON WISHBONE'S WEBSITE OR ON THE SERVICE BEFORE THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL ALL WISHBONE SOFTWARE.
License Wishbone Media, Inc. ("Wishbone") hereby grants to you ("Licensee") a personal, non-exclusive, non transferable and royalty-free license to use the accompanying software product, in machine executable object code form (the "Software") subject to the terms and conditions set forth below.
Disclaimer Of Warrenties THE WISHBONE TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WISHBONE TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WISHBONE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WISHBONE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WISHBONE TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WISHBONE TOOLBAR AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE WISHBONE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WISHBONE TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE WISHBONE TOOLBAR AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF SO, YOU MUST DECLINE TO ACCEPT THESE TERMS OF USE AND END USER LICNESE AGREEMENT.
Indemnification of Wishbone You agree to indemnify and hold Wishbone and Wishbone together with their licensees, subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on Wishbone Services and Software, (b) Postings or other content you submit or that are submitted from your account, (c) your connection to our Service, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Law Applicable to Interpretations and Disputes This Agreement and the relationship between you and Wishbone are governed solely by the laws of the State of Oklahoma without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located only within the county of Oklahoma County, Oklahoma.
Contact Information If you have any questions or concerns with respect to this Agreement or our Service, you may contact a representative of Wishbone at or by mail at: Wishbone Media, Inc. Attention: Legal Department PO Box 780116 Oklahoma City, OK 73178-0116 © 2003 Wishbone Media, Inc. All rights reserved.
PRIVACY POLICY FOR THE WISHBONE TOOLBAR ("Toolbar Service")
Wishbone is committed to protecting your privacy. This Privacy Policy, which is a binding part of Wishbone's Software Terms of Use and End User License Agreement ("Agreement"), explains the type of information Wishbone collects through its website and the Wishbone Toolbar and what Wishbone does with it. WISHBONE DOES NOT COLLECT INFORMATION ABOUT THE WEB SITES YOU VISIT AND THE PAGES YOU VIEW. WISHBONE DOES NOT COLLECT INFORMATION YOU ENTER INTO FORMS ON THE WORLD WIDE WEB. WISHBONE DOES NOT COLLECT INFORMATION ABOUT YOUR COMPUTER, YOUR FILES, OR ANY PERSONALLY IDENTIFIABLE INFORMATION THAT YOU DO NOT EXPRESSLY PROVIDE TO WISHBONE.
Identification Information When you install the Wishbone Toolbar a numerical identification number is generated and assigned to your toolbar. This generated numerical identification contains absolutely no personally identifiable encoded information. This numerical identification is used by Wishbone to keep and provide statistics to Wishbone such as the number of installed toolbars and the number of active members.
What type of information does Wishbone collect? While browsing the Internet, the Wishbone Toolbar will periodically check for software updates. This check will send your generated numerical identification, ip address, and current version of the Wishbone Toolbar. Wishbone collects this information for statistical reporting to Wishbone and for reporting referral information to you. When using the Wishbone Toolbar search features, Wishbone may collect search terms or other information voluntarily entered into the forms necessary to use those features. Under no circumstances does Wishbone attempt to associate that information with any personally identifiable information you may have previously given Wishbone. Usage of certain features on the Wishbone Toolbar may require zip code or location information. Providing this information is optional. That information is used to provide you with said features and may be additionally used to enhance the search features.
Personally Identifiable Information In general, we do not gather from you without your specific permission any personally identifiable information when you visit this site and download or use the Software. In any event, we will not knowingly collect any personal information from children 13 years old and under. We ask you to provide personally identifiable information in specific events, in which it is essential in order to provide you with one of the following services: 1. When you wish to obtain services offered through the Software or our site that require the completion of a registration form, either on this site or on one of our Affiliate Sites. In no event will we use the personally identifiable information entered into these registration forms without your consent. 2. If you opt-in to one or more of our mailing lists to receive direct emails from us, that may include some information regarding our sponsors. We will send you direct emails (newsletters, updates etc.) every once in a while. You can always opt-out of receiving future mailings.
What we do with the information we gather When we gather personally identifiable information, it is for the main purpose of providing you with a quality service. In addition to the use of the personally identifiable information when providing the service itself as described above, this information may be used to identify broad demographic trends and generate aggregated statistics of usage and popularity of the services, so we can improve them. We will not share your personal information with third parties unless we believe, in good faith, that such release is reasonably necessary to comply with law or enforce or apply the terms of our user agreement. We employ other companies and individuals to perform functions on our behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to Wishbone's databases and servers, which may contain personally identifying information about users. They may not use such access or information for any purpose other than that for which they are retained. In the event that Wishbone or substantially all of its assets are sold or acquired, the Service and all information collected by the Service would be transferred to the acquiring party. In any such transfer, however, such information would remain subject to any terms and conditions applicable to the Service at the time the information was collected, including the terms of this Privacy Policy and any amendment thereto.
Third Party Sites and Services The Toolbar may contain links or services to other sites not maintained by us. Wishbone is not responsible for the privacy practices or the content of such Web sites and recommends that you review such sites' privacy statements and terms of use.
Software Updates The Software is designed to check for the availability of software updates to ensure that you enjoy the latest improvements of the Software. When a software update is available the Software will inform you and will instruct you on the steps necessary to obtain the update. SOFTWARE UPDATES ARE NOT AUTOMATICALLY DOWNLOADED AND INSTALLED.
Security This site and Software have security measures in place to protect the loss, misuse and alteration of the information under our control. A limited number of senior employees have a password-protected access to the database that contains personal information. Such employees are instructed and trained to maintain the database while keeping the privacy of the users. If you have any questions regarding the specific security measures in place, please contact us at
Contacting Us About Privacy If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at: Wishbone Media, Inc. - Attn: Privacy Department - PO Box 780116 - Oklahoma City, OK 73178-0116 Or email us at: